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SENATE.

British Aggressions.

FEBRUARY, 1806.

Messrs. LOGAN and PICKERING spoke in favor of the resolution, and Mr. ISRAEL SMITH, against it; when, after some verbal amendments, the question was taken upon it, by yeas and nays, and the resolution carried-yeas 23, nays 7, as follows:

zens? No! Is it the indemnification of our citi-till doomsday in their defence. The second ground zens, for their losses and damages sustained by of illustration appears in the latter part of the the captures of which we complain? It cannot resolution, and in the following words. "To enter be. To what then are exceptions taken? Two into such arrangements with the British Governhonorable gentlemen have given the answer. ment, on this and all other differences subsisting "The resolution if adopted will be an encroach- between the two nations, (and particularly rement upon the Executive branch of the Govern- specting the impressment of American seamen,) ment." This I shall deny, until convinced of the as may be consistent with the honor and interimpropriety of entering into any resolution which ests of the United States, and manifest their expresses to one branch of the Government the earnest desire to obtain for themselves and their views and desires of another. The freedom of citizens, by amicable negotiation, that justice to communication between the Legislative and Ex- which they are entitled." Until this resolution ecutive branches of the Government, is sanctioned came into debate, I flattered myself that the Senby the law and usage of all nations that are free. ate would have adopted it unanimously. The The resolution does not assume the boldness of a object of the resolution is so very important that mandate, but the delicate form of a request. Having I could not imagine one honorable member of the obviated this objection, I contend that the seas are Senate would be found refusing to support it. the high-road of the world, and that all nations Sir, permit me to ask, can a true American be have a right to use it. That we as a neutral na- indifferent to the depredations committed on our tion have a right to trade with all, who are free neutral rights, and does not the impressment of to trade with us, except with a blockaded port our seamen deserve the attention of the Senate? and in articles contraband of war. England has Every member must avow it. In what then do imposed a new restriction beyond the cases of we differ? Merely in the phraseology of the resocontraband and blockade. In her courts of adlution. I did hope for unanimity in the Senate, miralty, she has taken a lawless distinction be- as well upon the form as the substance of this resotween a trade in war and a trade in peace; and lution. In this, however. I am disappointed, and that a trade not permitted in peace is unlawful in as I cannot prevent it, I will sit down and regret it. war. I pronounce it an injurious regulation upon our commerce, and which I trust our Government will not submit to, as it is repugnant to the law of nations and a gross violation of neutral rights. Of this new and odious principle, the President of the United States has justly complained, and I wish the Senate to unite in bearing testimony against it; and while we do this, let us resort to the means of remunerating our injured citizens. They have been robbed. and plundered on the high seas, while sailing under the American flag and engaged in a lawful trade. I feel indignant at this outrage, and cannot silently and deliberately see our flag insulted, our seamen impressed, our citizens ruined, and our trade destroyed. But, it has been said, if we adopt the resolution it will restrict the President to the strong attitude of demanding the restitution of our property taken by British cruisers, and condemnations. Be it so; he will not surely treat with them but on the ground of restitution. We have treated England as the most favored nation, in all our commercial and diplomatic regulations; she has requited us with the imposition of insidious duties, with predatory spoliations at sea, and illegal condemnations on land. Our nation will be avenged, and the greatest objection which I feel to the resolutions is, that they do not go far enough. I would make a provisional declaration of war, to be carried into effect with vigor, not only against England, but against Spain, and any other Power who, under circumstances so aggravated, refuse to redress our wrongs. Sir, I must honestly confess, that I deprecate the flames and ravages of war, that I should lament the necessity of involving the nation as much as any man; but, sir, I wish it avoided on honorable terms; for rather than see the honor and the rights of my country violated, I would wade through rivers of blood and fight

YEAS-Messrs. Adams, Anderson, Baldwin, Bayard, Gaillard, Gilman, Hillhouse, Howland, Kitchel, Logan, Maclay, Mitchill, Moore, Pickering, Smith of Maryland, Smith of New York, Smith of Ohio, Smith of Tennessee, Tracy, Turner, White, Worthington, and Wright.

NAYS-Messrs. Adair, Bradley, Plumer, Smith of Vermont, Stone, Sumter, and Thruston.

So it was Resolved, That the President of the United States be requested to demand the restoration of the property of their citizens captured and condemned on the pretext of its being employed in a trade with the enemies of Great Britain, prohibited in a time of peace; and the indemnification of such American citizens, for their losses and damages sustained by these captures and condemnations; and to enter into such arrangements with the British Government, on this and all other differences subsisting between the two nations, (and particularly respecting the impressment of American seamen,) as may be consistent with the honor and interests of the United States, and manifest their earnest desire to obtain for themselves and their citizens, by amicable negotiation, that justice to which they are entitled.

MONDAY, February 17.

Mr. MACLAY, from the committee to whom was referred, on the 14th instant, the bill, entitled "An act declaring the consent of Congress to an act of the State of Pennsylvania, entitled 'An act to empower the board of wardens for the port of Philadelphia to collect a certain duty on tonnage,

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for the purpose therein mentioned," reported the bill without amendment.

Mr. SMITH, of Maryland, from the committee to whom was referred, on the 23d of January last, the bill for classing the militia, and assigning to each class its particular duties, reported the bill with amendments; which were read, and ordered to lie for consideration.

The bill, entitled "An act for the relief of the Governor, Judges, and Secretary, of the Indiana Territory," was read the second time, and referred to Messrs. WORTHINGTON, BALDWIN, and BRADLEY, to consider and report thereon.

The amendments reported by the committee, on the 12th instant, to the bill, entitled "An act relating to bonds given by marshals," and, after debate, postponed.

Mr. HILLHOUSE presented the memorial of the Chamber of Commerce of the city of New Haven, in the State of Connecticut, representing that they "have observed, with no common degree of surprise and solicitude, the numerous embarrassments which the navigation of the United States hath suffered by the adoption of new principles, respecting neutral nations, in the Admiralty Courts of Great Britain ;" and praying the interposition of Congress in the prosecution of such measures as may protect the commerce and defend the seacoasts of the United States; and the memorial

was read.

Ordered, That it be referred to the committee appointed on the 6th of January last, who have under consideration the memorial of the merchants of the city of New York, on similar subjects, to consider and report thereon.

The amendment reported by the committee to the bill, entitled "An act extending the powers of the Surveyor General to the Territory of Louisiana, was considered, and, after debate, postponed. The Senate took into consideration, as in Committee of the Whole, the amendment reported to the bill, entitled "An act to extend jurisdiction, in certain cases, to State judges and State courts;" and having agreed thereto, the bill was amended accordingly, and reported to the House. Ordered, That the bill pass to the third reading

as amended.

The bill relating to the salaries of the Judges of New Orleans was read the third time, and the blank in the first section thereof having been filled with the words "two thousand five hundred," and the blank in the second section with the words "five hundred," and the bill further amended,

Resolved, That this bill do pass, that it be engrossed, and that the title thereof be, "An act relating to the salaries of the Judges of New Orleans."

The Senate took into consideration the amendments reported to the bill to suspend the commercial intercourse between the United States and the French island of St. Domingo; and, after debate, adjourned.

TUESDAY, February 18.

The bill, entitled "An act to extend jurisdiction, in certain cases, to State judges and State courts,"

SENATE.

was read the third time as amended; and having been further amended,

Resolved, That this bill do pass as amended. A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act declaring the town of Jersey, in the State of New Jersey, to be a port of delivery, and for erecting a light-house on Wood Island, or Fletcher's Neck, in the State of Massachusetts;" in which they desire the concurrence of the Senate.

The bill was read, and ordered to the second reading.

TRADE WITH ST. DOMINGO.

The Senate resumed the third reading and the consideration of the amendments reported to the bill to suspend the commercial intercourse between the United States and the French island of St. Domingo; and the report was in part adopted ; and on motion, to agree to the amendment reported by the committee, as a second section, amended as follows:

SEC. 2. And be it further enacted, That, after due notice of this act, at the several custom-houses, no ship or vessel whatever shall receive a clearance for any port or place within the island of St. Domingo, and not in the actual possession of France, nor shall any clearance be granted for a foreign voyage to any ship or vessel owned, hired, or employed, wholly, or in part, by any person or persons resident within the United States, factor or agent, with the master, shall give bond to the until the owner, or the employer for the voyage, or his United States, in a sum equal to the value of the vessel and of her cargo, with condition that the ship or vessel, for which a clearance shall be required, is destined to some port or place without the limits of such part of the island of St. Domingo, as shall not be in the actual possession, and under the acknowledged Government of France; and, during the intended voyage, shall not be voluntarily carried, or permitted to proceed, whether directly, or from any intermediate port or place, to any port or place within such part of the island of St. Domingo, as shall not be in the actual possession, and under the acknowledged Government of France; and in case of being forced by any casualty into any port or place hereby interdicted, shall not, at any such port or place, voluntarily sell, deliver, or unlade any part of such cargo, except so much as may be abenable such vessel to proceed on her intended voyage; solutely necessary to defray the expenses requisite to and, generally, that such ship or vessel, whilst on such voyage, shall not be employed in any traffic or commerce with, or for, any person resident within any part of the island of St. Domingo, not in the actual possession, and under the acknowledged Government of France."

It passed in the affirmative-yeas 16, nays 14, as follows:

YEAS-Messrs. Adair, Baldwin, Condit, Fenner, Gaillard, Gilman, Howland, Kitchel, Logan, Maclay, Moore, Smith of New York, Smith of Tennessee, Sumter, Turner, and Worthington.

NAYS-Messrs. Adams, Anderson, Bayard, Bradley, Hillhouse, Mitchill, Pickering, Plumer, Smith of Maryland, Smith of Ohio, Smith of Vermont, Tracy, White, and Wright.

On motion, the Senate adjourned.

SENATE.

WEDNESDAY, February 19.

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The Message and papers therein referred to

The following Message was received from the were read, and ordered to lie for consideration. PRESIDENT OF THE UNITED STATES:

To the Senate and House of

Representatives of the United States:

In pursuance of a measure proposed to Congress, by a Message of January 18th, 1803, and sanctioned by their approbation, for carrying it into execution, Captain Meriwether Lewis, of the first regiment of infantry, was appointed, with a party of men, to explore the river Missouri from its mouth to its source, and crossing the

The bill, entitled "An act declaring the town of Jersey, in the State of New Jersey, to be a port of delivery, and for erecting a light-house on Wood Island, or Fletcher's Neck, in the State of Massachusetts;" was read the second time, as in Committee of the Whole.

the purposes therein mentioned," and having reported it to the House without amendment, it was ordered to the third reading.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act to incorporate the Trustees of the Presbyterian Congregation of Georgetown," in which bill they desire the concurrence of the Senate.

Ordered, That it be referred to Messrs. KITCHEL, ADAMS, and CONDIT, to consider and report upon. The Senate resumed, as in the Committee of the high lands by the shortest portage, to seek the best water Whole, the second reading of the bill, entitled "An communication thence to the Pacific Ocean; and Lieu- act declaring the consent of Congress to an act of tenant Clarke was appointed second in command. They the State of Pennsylvania, entitled 'An act to emwere to enter into conference with the Indian nations power the Board of Wardens for the port of Philon their route, with a view to the establishment of com-adelphia to collect a certain duty on tonnage, for merce with them. They entered the Missouri, May 14, 1804, and on the 1st of November, took up their winter quarters near the Mandan towns, sixteen hundred and nine miles above the mouth of the river, in latitude 47° 21′ 47' north, and longitude 99° 24' 45 west, from Greenwich. On the 8th of April 1805, they proceeded up the river in pursuance of the objects prescribed to them. A letter of the preceding day, April 7, from Captain Lewis, is herewith communicated. During his stay among the Mandans, he has been able to lay down the Missouri, according to courses and distances taken on his passage up it, corrected by frequent observations of longitude and latitude, and to add to the actual survey of this portion of the river, a general map of the country between the Mississippi and Pacific, from the 34th to the 54th degrees of latitude. These additions are from information collected from Indians, with whom he had opportunities of communicating during his journey, and residence with them. Copies of this map are now presented to both Houses of Congress. With these, I communicate, also, a statistical view, procured and forwarded by him, of the Indian nations inhabiting the Territory of Louisiana and the countries adjacent to its northern and western borders, and of other interesting circumstances respecting them. In order to render the statement as complete as may be, of the Indians inhabiting the country west of the Mississippi, I add Dr. Sibley's account of those residing in, and adjacent to, the Territory of Orleans.

I communicate, also, from the same person, an account of the Red river, according to the best information he has been able to collect.

The Senate resumed the third reading of the bill to suspend the commercial intercourse between the United States and the French island of St. Domingo: and, on motion, it was agreed to add two new sections thereto.

On motion, by one of the majority, to reconsider the second section adopted yesterday, it passed in the negative-yeas 14, nays 17, as follows:

YEAS-Messrs. Adams, Anderson, Bayard, Bradley, Gilman, Hillhouse, Mitchill, Pickering, Plumer, Smith of Maryland, Smith of Ohio, Tracy, White, and Wright.

NAYS-Messrs. Adair, Baldwin, Condit, Fenner, Gaillard, Howland, Kitchel, Logan, Maclay, Moore, Smith of New York, Smith of Tennessee, Stone, Sumter, Thruston, Turner, and Worthington.

THURSDAY, February 20.

The following motion was submitted for consideration:

Resolved, That a committee be appointed to wait on the President of the United States, and present to him the two resolutions passed on the 13th and 14th instant, February.

with the following amendment:

Having been disappointed, after considerable preparation, in the purpose of sending an exploring party up that river in the summer of 1804, it was thought Mr. ADAMS, from the committee to whom was best to employ the autumn of that year in procuring a referred the bill to prevent the abuse of the privknowledge of an interesting branch of the river called ileges and immunities enjoyed by foreign Ministhe Washita. This was undertaken under the directers within the United States, reported the same, tion of Mr. Dunbar, of Natchez, a citizen of distinguished science, who had aided, and continues to aid us, with his disinterested and valuable services, in the prosecution of these enterprises. He ascended the river to the remarkable hot-springs near it, in latitude 34° 31' 4.16', longitude 92° 50' 45' west, from Greenwich, taking its courses and distances, and correcting them by frequent celestial observations. Extracts from his observations, and copies of his map of the river, from its mouth to the hot-springs, make part of the present communications. The examination of the Red river itself, is but now commencing.

FEBRUARY 19, 1806.

TH. JEFFERSON.

SEC. 4. And be it further enacted, That whenever the President of the United States shall, under the authority of the laws of nations and of this act, send any foreign Ambassador, Minister, or other person as aforesaid, so offending, home to his Sovereign, he shall issue his warrant to any officer, civil or military, under the authority of the United States, commanding him to provide for the departure of the said Ambassador, Minister, or other person as aforesaid, so offending: taking due precautions to avoid all improper or unnecessary violence in executing said warrant. And all officers, civil and military, under the authority of the United States, are required to be obedient to such warrant.

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Trade with St. Domingo.

The bill brought up from the House of Representatives for concurrence, entitled "An act to incorporate the Trustees of the Presbyterian Congregation of Georgetown," was read, and ordered to the second reading.

The Senate resumed, as in Committee of the Whole, the bill, entitled "An act relating to bonds given by Marshals," and the amendment of the special committee having been disagreed to, the bill was reported to the House without amend

ment.

Ordered, That this bill pass to a third reading. The Senate took into consideration, as in Committee of the Whole, the amendments reported to the bill for classing the militia, and assigning to each class its particular duties, and agreed thereto; and the bill was reported to the House accordingly.

TRADE WITH ST. DOMINGO.

The Senate resumed the third reading of the bill to suspend the commercial intercourse between the United States and the French island of St. Domingo.

SENATE.

tee, is of a very different complexion, and goes the full length of interdicting all commerce between this country and the island of St. Domingo. Neither in justice nor in wisdom, sir, is it the duty or the interest of this Government to adopt the present measure. I do not, as some other gentlemen have professed, consider it a measure of policy, nor will I call it a measure of fear; but it certainly savors of the most timid prudence I have ever seen operating in this body, little calculated to acquire us honor abroad, or to prolong our peace at home; and if gentlemen have really persuaded themselves that the decision we are about to make involves merely a question of pol icy, in my humble opinion they most egregiously mistake. No such construction will be given to it; none such, give me leave to say, is it entitled to bear. The surrender of this commerce has never been asked of us as a temporary sacrifice to the convenience and accommodation of France; but has been demanded of us, in the most insulting and peremptory style, as a matter of right; and passing this bill, under present circumstances, will be an acknowledgment of the right in France to interdiet us this trade. It will be a direct abandonment of all right to it on our part, and establishing a precedent against ourselves, that will be holden obligatory upon us in all future cases of the same kind. In this aspect the sub

Mr. WHITE. Mr. President, the Senate have, I believe, decided that this question shall be taken by the yeas and nays, otherwise I will hereafter make to you that motion, in order to place upon the journals my vote against a bill, which, instead of going to inhibit, according to the language of the gentleman from Ohio, (Mr. WOR-ject must develope itself to every gentleman as THINGTON,) a disgraceful commerce, will itself, one of the utmost magnitude to the United States. if passed under present circumstances, as I con- If our commerce with St. Domingo was worth ceive, be a disgrace to this Government. We nothing. I would equally resist the present meashave sincerely to regret that the information we ure; it is the principle I object to. I object, and sought on this occasion, and considered so neces will forever object, to the solemn recognition on sary to the discussion, of the subject, has been the part of this Government, of a right in foreign denied us; and that denial, I will confess, was Powers that may, and hereafter will be exerthe less expected, and the less welcome, it being cised, if now admitted, to the injury of the Amerwell understood that the light we wished was ican commerce, and of the American character. entirely within the power of the Executive to im- If gentlemen will look for a moment about them, part, if we had only been permitted to ask for it. will attend to our position in the world, and to The reasons that may have induced gentlemen to the colonial establishments of the European nanegative a request apparently so just, and gener- tions around us, they cannot but be convinced, ally granted almost as a matter of course, I pre- that cases similar to this must often happen. sume not to conjecture. They had no doubt The sooner we take our ground, therefore, the strong ones, but were not so obliging as to com- better; the less difficulty we shall have hereafter; municate them to us. I wish not, however, to be and surely a more suitable opportunity than the understood as making this a subject of complaint; present can never be expected to occur; especialit would be idle to do so. I know that power does ly, sir, when we reflect upon the most uncourtly, usually not only what it wills, but mostly what it indignant, and domineering manner, by which can; and the minority here, on any subject, in- France has attempted to bully and terrify us into stead of expecting favors, may think themselves this measure of the gentleman from Pennsylvawell off if permitted to retain and to exercise the nia-and the gentleman himself, yesterday, unrights guarantied to them by the Constitution of masked the bill. In his great zeal he told us that the country, and entrenched behind the rules of we had already tampered too long on the subject; the Senate. If, therefore, on this occasion, gen- that France had now demanded the measure of tlemen have nothing to accuse themselves with, us, and its adoption had become a matter of ne on the score of a want of liberality, it is not my cessity on our part. Degrading idea! Where intention to charge them with injustice. It will then has gone our national honor and our boasted be recollected that the bill, as originally intro- independence? What was this but to tell us, that duced on this subject by the gentleman from such is now our humbled state, when France Pennsylvania, (Mr. LOGAN,) was variant in every commands we have no alternative but obedience; shape and feature from that now before us. The and that even to deliberate is dangerous? [Here first bill I considered altogether impotent, and had Mr. LOGAN observed that he did not recollect havlittle or no concern as to its fate; but that now ing used the word "demanded;" to which another under consideration, as presented by the commit-gentleman answered, he certainly had.] I had

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expected, Mr. President, as must have been the case with every other gentleman, that the honorable mover of this measure, (Mr. L.,) when he submitted to the Senate a proposition of such infinite importance, would have assigned at least some plausible reasons for doing so; but we are now as much in the dark as when our attention was first called to the subject. The gentleman was indeed pleased to refresh our memories by reading to us some old documents that were presented to Congress at their last session, which were then acted upon, and would perhaps never have been thought of again, but for his kindness and research. Not a single argument, however, has been adduced in support of the bill, that has not, for more than a year past, been losing what little force it might originally have contained; and, most unfortunately for the mover, the very document upon which he principally relies, and to which he has so often referred us, furnishes the strongest argument against him-I mean the President's Message to the last Congress. That the President should have thought it necessary to call the attention of Congress to this subject, at their last session, and not at their present, as is the fact, shows most distinctly his opinion, that whatever reasons required at that time Congressional interference, have since ceased to exist..

I will here cursorily premise, that I must be excused in passing over, without observation, the communications that have been recently made on this subject by the French Minister to our Government, and by Mr. Talleyrand to General Armstrong. They are of a kind not to admit of comments, without provoking such animadversions as the respect due to the exalted stations those gentlemen fill, and to the Government they represent, will not permit me to indulge myself in for a moment. One thing, however, I will say:that whatever influence their threats and invectives may acquire, certainly their arguments are entitled to none; for they have not condescended to use a single one; but have taken as granted the very points in dispute, viz: that the blacks of St. Domingo are the slaves of the French, and now in such a state of revolt that no nation has a right to trade with them. To these points I will presently give some attention, after a few observations on the subject of our West India commerce, generally, as connected with this question. It is well known, sir, that a considerable portion of the commerce, which of late years has so rapidly enriched our citizens, and advanced, beyond the most sanguine calculations, our national wealth and political consequence, has consisted in the increased intercourse with the West India islands; and this has arisen chiefly from our neutral and neighboring situation toward those isl ands: from the unrestrained and enterprising spirit of our merchants, and from a combination of circumstances that have been sufficient to involve, and continue in war for a number of years, the most commercial Powers of Europe. So extensive and valuable has our trade become in the West Indian seas, that it has excited, and is daily increasing the jealousies of other nations; and,

FEBRUARY, 1806.

certainly, in the same gradation, at least, should increase our disposition to protect and to foster it. But what, let me ask, must be the inevitable operation of the measure now before us? To prostrate completely, at a single blow, the most valuable part of it remaining, and to jeopardize the whole. As if not content with the branches that have been lopped off by the British, the French, and the Spaniards, the gentleman from Pennsylvania will himself now lay the axe to the root of the tree; and this, too, at a moment when our commerce is approaching the most crippled and ruinous condition; when the principal commercial nations of Europe are exerting every effort short of actual war to crush it; when your table is loaded with the memorials of your citizens, complaining of the injustice and violence to which they are subjected in every part of the world, and praying the protection of their Government; when the President of the United States is communicating to us message after message upon this very subject; when almost every mail that arrives brings to us the unwelcome intelligence of some additional outrages upon the persons and the property of our countrymen; and scarcely a wind from any quarter of the globe but swells the catalogue of their grievances.

Our local situation, Mr. President, gives to us advantages in the commerce of the West Indies over all the nations of the world; and it is not only the right and the interest, but it is the duty of this Government, by every fair and honorable means, to protect and encourage our citizens in the exercise of those advantages. If, in other respects, we pursue a wise policy, and remain abstracted from the convulsions of Europe, that for many years to come are not likely to have much interval; enjoying, as we shall, all the advantages of peace-wages, peace-freight, peace-insurance, and the other peace privileges of neutral traders, we must nearly acquire a monopoly of this commerce. We can make usually a treble voyage; that is, from this continent to the West Indies, thence to Europe, and back to America again, in the time that the European vessels are engaged in one West India voyage. This circumstance of itself, properly improved, at a period perhaps not very remote, whenever others of those islands may be released from, or refuse longer submission to their present colonial restrictions upon commerce, will enable us to rival even the British in transporting to the markets of Europe the very valuable productions of the West Indies, such as sugar, molasses, coffee, spirits, &c. Again, sir, I state nothing new when I say that the produce of this country is essential to the West India islands, and the facility with which we can convey it to them, must at all times enable us to furnish them much cheaper than they can be furnished by any other people. It requires not indeed the spirit of prophecy to foretell, that the time must come when the very convenient and commanding situation we occupy, in every point of view, relative to the most valuable of those islands, will place in our hands the entire control of their trade; that is, if we pursue a wise and politic

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